The Ontario Civilian Police Commission has overturned an earlier decision in the infamous Neptune Four case and allowed an appeal.
The governing body, in overturning the hearing officer’s ruling, determined that Lourenco’s conduct did not meet the test to point his firearm: That he did not have reasonable grounds to fear that serious bodily harm or death would occur when complainants YB and BHA moved toward him after he had punched their friend and brother BA to the ground.
In addition, the OCPC found that the hearing officer erred in relying on his own training and experience as a cop when he determined that pointing a firearm was justified under the circumstances. The threat, the OCPC ruled, from the youth was overstated “given that this was a random stop of young teenagers simply walking outside of their home.
“Of particular significance, the OCPC held, in the face of the officers’ objections, that social context evidence about the racial dynamics between Black youth and police was relevant to the assessment of whether PC Lourenco’s use of force was reasonable,” a statement from the complainants’ lawyers said.
He is now convicted of all three counts initially laid against him. Pais remains convicted of the initial complaint against him.In 2021, the complainants had hoped the cops would be hit harder and wanted Lourenco to be fired.
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